Know Your DUI Defense Options

Aggressive Defense from a Top San Diego DUI Lawyer

When facing
DUI charges in San Diego, many people fail to explore all of their defense
options, because they erroneously believe that they have no choice but
to plead guilty if the
breath or blood test showed that their
BAC was over the legal limit or if they could not pass a
field sobriety test. However, depending on the circumstances that led to the
arrest and law enforcement's actions, there may be many factors that make it
possible to fight your drunk driving charges.

If you were arrested for DUI in San Diego County, it's important to discuss
your defense options with an experienced attorney as soon as possible.
Our team at Mark R. De Yoe, APLC can explore your options for seeking a
plea bargain and help you understand the reasons that charges are reduced or dismissed.
He can help you know which defense option is right for your case.

Incorrect Procedures by the Police Officer

If the arresting officer on your case did not follow correct procedure,
there may be a possibility that they did not have cause to stop you or
arrest you in the first place. In a case like this, even if you tested
above the legal limit, your case may be thrown out due to officer error.
Similarly, if they did not follow each step to the letter while administering
a chemical test to test your BAC, the results may be deemed invalid. There
are very strict and specific procedures that must be followed in order
for a breath or blood test to be valid, and missing one step in that process
can lead to the test results being thrown out.

An officer forgot to advise you of your Miranda rights before arresting you

Police reports contained inaccuracies

After an officer has arrested you and placed you into custodial interrogation,
he/she must advise you of your Miranda rights. If the officer failed to
do so, any subsequent statements you made could be excluded from evidence.

When is a Police Stop Lawful?

Before police can stop your car, they must have reason to believe that
you are engaged in some form of criminal activity. Any evidence obtained
after an illegal procedure can be suppressed.

If an officer did not observe some sort of saftey omission such as the
following, he cannot simply pull you over at whim:

Running a red light

Driving erratically

Driving with burned out lights

Oftentimes, officers stake out bars or popular weekend venues, but if you
were pulled over without probable cause, any subsequent search and arrest
were illegal and violated your constitutional rights. In order for a sobriety
checkpoint to be legal, supervising officers must organize and oversee
a checkpoint, make sure that field officers follow a predetermined formula
(for example, only stopping every third card) and publicly advertise the
roadblock.

Incorrect Chemical Test Results

There are several factors that can result in an inaccurate BAC level reading.
If dental work caused small amounts of food soaked in alcohol to get trapped
in your teeth, your BAC level could be higher than the legal limit. If
you burped or are on a low carb or high protein diet, these can also alter
your BAC level reading.

Another factor that can negatively affect your reading is the time that
your BAC level was taken. Alcohol takes a while to be "soaked up"
by your system, and if your BAC level is checked a long time after you
were pulled over, your BAC level can register higher than it was when
you were actually driving. Perhaps the most common factor that can affect
a BAC level reading is breathalyzer machine mechanical errors.

Inaccurate blood readings can also result in a person being wrongly charged
with DUI. Factors such as
blood fermentation, improper storage of a blood sample and contamination can alter your blood reading.
To find out more about what can cause inaccurate breath & blood testing results,
click here. If there are any chemicals on your breath similar to ethanol, this can
cause a false reading.

All of the following can throw off a test:

Gasoline vapors in the air

Lacquers

Paint thinners

Cleaning products

When a breathalyzer machine is not regularly calibrated (to match the temperature
and humidity of a place where the test occurs) or maintained, readings
are often inaccurate.

When Health Issues Are to Blame

Health conditions can affect your performance on a field sobriety test.
If you were tired, injured or ill, you could have been unable to perform
the necessary activities an officer asked you to do. Other factors that
can result in inaccurate field sobriety test results include:

Bad weather

Poor lighting

Uneven surface conditions

Awkward footwear

Officer intimidation

Furthermore, if you suffer from GERD, acid reflux, hypoglycemia, diabetes
or heartburn, these conditions can result in an inaccurate BAC reading.

How San Diego DUI Lawyer Mark De Yoe Can Help

Your attorney will investigate the circumstances of your arrest and testing
to determine if there are any holes in the officer's story. Finally, there
are instances where a breath or blood test can give high results when
an individual is not intoxicated. Having eaten, drank, or vomited in the
time just prior to testing can affect your test results.

Furthermore, there are can be instances where the alcohol has not been
absorbed into your body yet, therefore not affecting your driving abilities.
Fighting your DUI charges is the only way to avoid a conviction, and having
an attorney who understands the legal procedures will be your best shot
at defeating your charges.

Call Attorney Mark R. De Yoe: (855) 722-6041

Attorney Mark R. De Yoe is an aggressive and experienced DUI defense attorney
who has been defending clients in San Diego and has handled over 1,000
DUI cases, helping many people defeat their charges and return their lives
to normal. If you are facing DUI charges, you understand how severe the
DUI penalties are, and you do not want to risk your freedom and livelihood on an attorney
who is inexperienced and incompetent.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.